A bill that mandates drug testing for welfare recipients in West Virginia is up for a final passage vote today, after the House of Delegates rejected Democratic proposals to change the legislation.
House members nixed a proposal Tuesday night to scratch marijuana from the list of drugs that would trigger a failed test.
Democrats also proposed an amendment that would have required state lawmakers to undergo drug tests, but House Speaker Tim Armstead ruled that the proposal wasn't related to the bill.
A third proposed change - also rejected as not germane - would have required drug testing for business executives whose companies receive state funds for projects.
The bill (SB 6) requires drug testing for people who apply for benefits through the Temporary Assistance for Needy Families program. The state Senate passed the bill on Feb. 9.
"The bill is not to save money," said Delegate John Shott, R-Mercer. "The bill is to identify and help folks who need help."
West Virginia could become the 14th state that has some form of drug testing for people on public assistance.
Republicans have touted the bill as a significant step toward combating West Virginia's substance-abuse problem. They say the legislation is about assisting residents hooked on drugs - not about punishing poor people.
At a legislative meeting last month, administrators with the state Department of Health and Human Resources told lawmakers that West Virginia has enough treatment programs to handle the 390 or so welfare recipients expected to fail drug screens the first year.
Under the bill, those who fail drug tests must complete a substance-abuse treatment program and a job skills class. The state's Medicaid program will pay treatment costs.
A second failed test would prompt a one-year suspension from receiving welfare benefits. A third positive test leads to a lifetime ban.
Under West Virginia's bill, the DHHR must have "reasonable suspicion" that a welfare recipient is abusing drugs before the agency could order a drug test.
Any of three factors would trigger a drug test:
n An applicant shows "qualities indicative of substance abuse."
n A person applying for benefits has a drug-related conviction within the past three years.
n The welfare recipient has a baby who tests positive for controlled substances.
At legislative interim meetings last year, lawmakers learned that few welfare recipients are testing positive for drugs in the states that already have high-cost screening programs.
In December 2014, a federal appeals court upheld a ruling that Florida's drug-testing law is unconstitutional. Florida's program required testing of all public-assistance recipients.
Reach Eric Eyre at ericeyre@wvgazettemail.com, 304-348-4869 or follow @ericeyre on Twitter.